Baja: Edge of Control

Game Summary

From the core founding members of the MX vs. ATV franchise comes the ultimate
off-raod raving experience: BAJA. Conquer the toughest terrain Mother Nature has
to offer and build the ultimate off-road vehicle in the most realistic,
edge-of-control racing game ever created. Combine the best elements of the
real-world sport with the right balance of arcade fun, BAJA transports players
to the epic open worlds and unforgiving terrain found at the pinnacle of
off-road racing. Stunning visuals, vertical environments, and unpredictable
terrain are crossed in over 100 square miles of drive-to-horizon landscape.
Master hill-climb, circuit, and rally races to earn career sponsorships on the
path to off-raod supremacy. Harness the horsepower of elite Trophy Trucks, 4x4's
and Buggies to finally compete in the definitive off-road endurance challenge,
the Baja.

As reported previously, THQ took legal action against Activision, who had appeared to have ripped off the box art from the former's Baja Edge of Control for their own game, Score International Baja 1000.
It seems, however, that Activision really didn't want to go through the motions to defend their innocence:Instead of litigating to determine whether it was copyright infringement (or trade dress infringement) or not, Activision appears to have agreed to simply change the artwork, shown at left. The artwork was taken from a court filing by Activision, after which THQ filed papers on Nov. 18, 2008, dismissing the lawsuit with prejudice (meaning they cannot refile with respect to this issue).
Would it have been infringement by Activision? Who knows. But reasonable minds definitely prevailed in this case, as both sides realized that litigation would have far outweighed the cost to simply change the artwork before the game is released. Case closed. -- Patent ArcadeAt this time, however, there's no telling how this might affect the copies already on shelves, as the game has already been released. Read More

Confused? Then you're just the type of consumer of which THQ speaks in the lawsuit which they have recently filed against Activision Blizzard regarding the box art used for their upcoming title SCORE International Baja 1000, which the former says uses box art elements "virtually identical" to their own title, Baja Edge of Control.THQ first revealed its cover art for Baja Edge of Control, an off-road racer developed by 2XL Games, in June 2008, before shipping the game in North America and Europe in September.
According to the publisher, it has so far spent over $1 million to market, advertise, and promote the PlayStation 3 and Xbox 360 title.
In a complaint first discovered by website Patent Arcade, THQ claims that Activision's SCORE International Baja 1000 The Official Game, which is likewise based on the Baja 1000 racing event, uses front and back packaging art elements identical to its own game. The background and foreground vehicles on both covers seem similarly colored, positioned, and angled.
Developed by Left Field Games, SCORE International Baja 1000 is slated to ship to stores for PlayStation 2, PlayStation 3, Xbox 360, Wii, and PC in the U.S. on October 28, 2008.
The company also says that it contacted Activision earlier this month and urged them to prepare alternative box art for SCORE International Baja 1000, but the latter refuses to make any changes. THQ asked the court to enjoin the game's release. -- GamasutraSeems like a pretty open-and-shut case to me. Come on, Activision; Shouldn't a company with your history and stature be above such tawdry ploys? Read More